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(영문) 창원지방법원 마산지원 2017.01.25 2016고단1285
특수건조물침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:50 on October 20, 2016, the Defendant: (a) considered the victim C (n, 40 years of age) in Changwon Mapo-si Mapo-si B to have claimed an excessive drinking value; (b) caused the victim, who thought that he/she would have claimed an excessive drinking value to himself/herself as he/she was infinite, thereby damaging the entrance door with the debris, which is a dangerous object (45 cm in total length, 25 cm in length), and then damaging the air conditioners, monitors, monitors, air conditioners, and raw tables, etc., which are owned by the victim, so that the sum of repair costs would be approximately KRW 6.56 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement statement made to C by the police;

1. Records of seizure and list of seizure prepared by the police;

1. A report on investigation (on-site mobilization conditions);

1. A criminal investigation report (in relation to attaching photographs of damage to the scene) and an on-site photograph attached thereto;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 320, 319 (1) (a point of intrusion upon a special structure), 369 (1), and 366 of the Criminal Act (a point of destroying a special property, or a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the fact that his/her mistake is recognized and reflected, the fact that an agreement is made with the victim, the fact that he/she does not constitute any ground for disqualification for suspended execution, and the same crime shall not be re-offending;

(3) such consideration as the

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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